Phelan

' This is an appeal from a judgment denying a writ of habeas corpus to two persons of Chinese descent, each a minor, aged respectively 19 and 18, who had been ordered excluded from the United States on their seeking admission there at the Port of San Francisco.

The applicants had a hearing before a duly constituted Board of Special Inquiry which ordered, the applicants excluded on the ground that they had not maintained their burden of proof that they were the children of Chin Yow Yim, admittedly a citizen of the United States. The contention of the applicants, who speak no English, is -that they were not accorded 'the hearing, prescribed under the statute and regulations, in that at the hearing they were not afforded the right to have a friend or relative present or counsel there to represent them. The pertinent statute is that of February 5, 1917, as amended, 8 U.S. C.A. 153, providing that

Part 130.2 of Title 8, Code of Federal Regulations (Published 11 F.R. 14232 , December 11, 1946) provides inter alia:

The appellee’s brief states that it concedes this regulation, so providing for counsel and the fixing of a time to procure' him, has “the force and effect of law.” On the…